The Court of Appeals posted 14 decisions this week, numbered 893-906 with 5 cases designated for publication.
Published Court of Appeals Decisions
Here are the links to the full text of each published case for this week with a short synopsis or topic listed for each.
895. Criminal Law.
James S. Forte vs. Commonwealth of Kentucky
Court of Appeals Published Opinion AFFIRMING Owsley Circuit Court criminal conviction for first-degree robbery, first-degree assault, and first- degree burglary and sentenced him to thirteen years in prison
901. Family Law. Biological parent’s waiver of superior parental rights. Doctrine of paternity by estoppel
Carson Penticuff vs. Mark Dwayne Miller
Court of Appeals Published Opinion AFFIRMING IN PART AND REVERSING IN PART Rockcastle Cir. Ct.
904. Criminal Law. Search and seizure. Reversed seizure finding no probable cause from dog sniff and articulable suspicion during pat down following traffic stop
Damion Montrece Lane vs. Commonwealth of Kentucky
Court of Appeals Published Opinion REVERSING and REMANDING Christian Cir. Ct.
905. Family Law. Termination of parental rights.
J.(K.M.) vs. Cabinet for Health and Family Services, Commonwealth of Kentucky
Court of Appeals Published Opinion VACATING and REMANDING Henry Cir Ct. concluding trial court’s decision to “defer” the matter of Mother’s termination beyond the period provided in KRS1 625.090 was impermissible under the statute.
906. Domestic Violation Order
Michael Shane Gibson vs. Shelby Suzanne Campbell-Marletta
Court of Appeals Published Opinion AFFIRMING Fayette Cir. Ct.’s DVO
Selected Not To Be Published Decisions Dealing with tort, insurance and civil procedure:
900. Malicious Prosecution and Requests for Admissions
Denton vs. Wagner [ this link is good; bad link in actual minutes]
COA Not to Be Published Opinion AFFIRMING Jefferson Cir. Ct. Summary judgment
All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority. See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)
You will find the complete list of this weeks decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision. Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.
For links to all our posts on the minutes of the Court of Appeals, then click here. Click here for AOC minutes for this week.
For the index to archived minutes at the official AOC page, then click here.
